Public Charge

Background

Under longstanding federal policy, the federal government may deny a non-US citizen entry into the United States, or adjustment to lawful permanent resident status (a green card), if the non-US citizen is determined likely in the future to become a “public charge” based on the totality of the individual's circumstances.

Trump Expanded Public Charge Rule

In 2019, the Trump Administration released an expanded public charge policy that changes how this determination is made. Several states, including California, filed lawsuits challenging the Trump Administration’s expanded public charge rule.

Public Charge Update

On December 23rd, 2022, a final public charge rule became effective..
Immigrants can now access health care, food and housing support, and many more public benefits without fear of immigration consequences:

  1. Most public benefits are excluded from consideration
  2. Most immigrants DO NOT have to worry about public charge at all
  3. Public benefits used by family members are NOT considered.

Please view California's updated Pulbic Charge Guide details and resources.

Immigration Help

If you have questions about your specific situation, an immigration or public benefits attorney can provide you information regarding these changes.

Below is a link to a list of non-profit legal services providers located across California.